Search Decisions

Decision Text

AF | BCMR | CY2004 | bc-2003-03316
Original file (bc-2003-03316.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03316
            INDEX NUMBER: 128.10

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  reimbursed  for  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums paid during the period  1  November  2001  to  30 September
2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not request such coverage for his spouse, nor has  he  seen  anything
on the matter.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force.

On 5 June 2001, Public Law 107-14 established the  FSGLI  program  that  was
implemented on 1 November 2001, making it  possible  for  servicemembers  to
provide up to $100,000 coverage for their spouse and  $10,000  coverage  for
their dependent children through the Office of  Servicemembers’  Group  Life
Insurance.  The coverage, by law, was automatic unless the  member  declined
the coverage.

In September 2003, he completed an SGLV 8286A,  electing  to  decline  FSGLI
coverage for his spouse.  FSGLI premiums were deducted from his  pay  during
the period 1 November 2001 to 30 September 2003.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied, and states, in part, the  Air
Force aggressively campaigned to make members aware  of  the  FSGLI  program
and their benefits.  The Air Force fully complied with the law by  providing
information in advance of implementation  so  that  members  could  make  an
informed decision.  Specifically, comments about FSGLI automatic  enrollment
appeared in the  remarks  section  of  every  member’s  Leave  and  Earnings
Statement (LES) from 30 August 2001 through 15 November 2001.   Furthermore,
officials at the applicant’s base also provided information to  all  members
through their unit’s commander’s support staff  as  an  additional  step  to
educate the community.  The applicant has not provided any documentation  to
indicate that he was not aware of the change and his responsibility to  make
an election decision.

The AFPC/DPW evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 26 November 2003 for review and response within 30 days.  However, as  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice.  Public Law 107-14  established  the  FSGLI
program that was implemented on 1 November  2001,  making  it  possible  for
servicemembers to provide up to  $100,000  coverage  for  their  spouse  and
$10,000  coverage  for  their  dependent  children  through  the  Office  of
Servicemembers’ Group Life Insurance.  The coverage, by law,  was  automatic
for all members of the Armed  Forces  who  had  a  spouse  and/or  children,
unless the member declined coverage.  Members who did  not  desire  coverage
had to complete an election declining coverage during the month of  November
2001.  No evidence has been submitted showing that  the  applicant  declined
coverage during the month of November 2001.  The applicant contends that  he
never requested FSGLI and did not receive proper notification  that  he  was
automatically enrolled in the program.  However, the Air Force  aggressively
campaigned to make members aware of the FSGLI program  and  their  benefits,
and he has not provided any documentation to indicate that he was not  aware
of the change and his responsibility  to  make  an  election  decision.   We
therefore agree with the opinion and recommendation of the Air Force  office
of primary responsibility and adopt their rationale as  the  basis  for  our
conclusion  that  no  basis  exists  to  reimburse  the  premiums  withheld.
Therefore, we find no basis to recommend granting the relief sought in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-03316
in Executive Session on 20 April 2004, under the provisions of AFI 36-2603:

                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Jackson A. Hauslein, Member
                  Mr. Edward H. Parker, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 1 Oct 03, w/atchs.
      Exhibit B.  Letter, AFPC/DPW, dated 18 Nov 03, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 26 Nov 03.




            JOSEPH G. DIAMOND
            Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00665

    Original file (BC-2003-00665.doc) Auto-classification: Denied

    On 5 June 2001, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance. The applicant married an active duty member of the Army on 2 August 2001. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW recommends the...

  • AF | BCMR | CY2003 | BC-2003-01779

    Original file (BC-2003-01779.doc) Auto-classification: Denied

    _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The...

  • AF | BCMR | CY2003 | BC-2003-03710

    Original file (BC-2003-03710.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03710 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from his pay. He states that had he seen the FSGLI premiums being deducted from his pay, he would have taken action to decline coverage. ...

  • AF | BCMR | CY2003 | BC-2003-00179

    Original file (BC-2003-00179.doc) Auto-classification: Denied

    We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that no basis exists to reimburse the premiums withheld. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-00179 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein,...

  • AF | BCMR | CY2003 | BC-2003-00176

    Original file (BC-2003-00176.doc) Auto-classification: Denied

    We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that no basis exists to reimburse the premiums withheld. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-00176 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein,...

  • AF | BCMR | CY2004 | BC-2004-00134

    Original file (BC-2004-00134.doc) Auto-classification: Denied

    They indicated Air Force leadership took adequate steps to inform all members of this new program and the applicant had adequate time to make an election decision. In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 to present. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • AF | BCMR | CY2003 | BC-2002-03709

    Original file (BC-2002-03709.doc) Auto-classification: Denied

    Apparently, Mountain Home AFB had failed to enter a code in their records to show joint spouse and exemption from SGLI spouse coverage. There is no declination statement in the member’s record. No premiums were deducted from her pay until she arrived at Laughlin AFB in September 2002.

  • AF | BCMR | CY2003 | bc-2003-01378

    Original file (bc-2003-01378.doc) Auto-classification: Denied

    The coverage, by law, was automatic unless the member declined the coverage. However, as of this date, no response has been received by this office. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-01378 in Executive Session on 2 December 2003, under the provisions of AFI 36- 2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein, Member Mr. Edward H. Parker, Member The following documentary...

  • AF | BCMR | CY2004 | BC-2004-01474

    Original file (BC-2004-01474.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. On 2 December 2003, the applicant completed an SGLV 8286A declining FSGLI coverage. In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000.00 for the period 1 November 2001 through 31 December 2003.

  • AF | BCMR | CY2002 | BC-2002-02213

    Original file (BC-2002-02213.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02213 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed for the Family Member Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from her pay during the period from 1 November 2001 through 28 February 2002. The applicant’s complete submission is at Exhibit A. On 5 June 2001,...